Terms of Use

Introduction

‍Welcome to https://blackboardradio.com (www.blackboardradio.com) and the mobile learning application in relation thereto (Application), owned and operated by Curieo Private Limited (Blackboard Radio or We or Us or Company), a company incorporated under the Companies Act, having its registered office at 151, Padmavati Colony-I, Kings Road, Nirman Nagar, Jaipur, Rajasthan, 302019. You are advised to read and understand the following terms and conditions (Terms) carefully, as your use/access/browsing of the Application and/or Website or any service in relation to the usage of the Application/Website and/or any product provided by the Company in relation to the usage of the Application/Website through any means, shall signify your acceptance of the Terms and your agreement to be legally bound by the same. These terms are to be read along with the Privacy Policy and any other policies on the Application/Website. By downloading/entering the Application/Website, subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services and should not use the Application/Website. If you want to ask us anything about these Terms or have any comments or complaints on or about our Website, please email us at hello@curieo.com or call us at +91 9111444636.The Terms may be altered / amended from time to time depending on the policies of Blackboard Radio and the prevailing market conditions. Blackboard Radio requests you to read and understand them as often as possible as it may not be possible for Blackboard Radio to intimate you on every change that occurs in these terms & conditions.

‍Accuracy of content
‍The Terms are effective upon acceptance and govern the relationship between you and Us including the provision of any of the services on our Application/Website. In the event the Terms conflict with any other document / policy / content on our Application/Website, the Terms will prevail over them, for the purposes of usage of the Application/Website. If you do not agree to be bound by the Terms and the Privacy Policy, you may not use our Application/Website in any way and should exit immediately.

‍Eligibility to Use
‍Use of the Application/Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Application/Website. If you are a minor i.e. under the age of 18 years, you shall not register as a user of the Application/Website and shall not transact on or use the Application/Website.

As a minor if you wish to use or transact on our Application/Website, such use or transaction on the Application/Website shall be made by your legal guardian or parents on under their strict supervision. Blackboard Radio will not be responsible for any consequence that arises as a result of misuse, of any kind, of the Application/Website that may occur by virtue of any person including a minor using the services provided through the Application/Website.

Blackboard Radio reserves the right to terminate your subscription and / or refuse to provide you with access to the Application/Website if it is discovered that you are under the age of 18 years.You are prohibited from selling, trading, or otherwise transferring your Blackboard Radio account to another party. Blackboard Radio owns no responsibility in any manner over any dispute arising out of transactions by any third party using your account/e-mail provided by you to Blackboard Radio or payments made by any of the payment methods by any third party. We make no representation that any products or services referred to in the materials on this web are appropriate for use, or available outside India. Those who choose to access Application/Website from outside India are responsible for compliance with local laws if and to the extent such local laws are applicable.

‍Account and Registration Obligations
‍In consideration of your use of Our Application/Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by our Application/Website’s registration form or any information provided by you by other means of communication. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Application/Website (or any portion thereof). You undertake to indemnify and keep indemnified Blackboard Radio for any loss, claim, damage, costs (including legal and professional costs) relating to any abuse or violation including those aforesaid.“Your Information” is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any email feature. We will protect your Information in accordance with our Privacy Policy. If you use the Application/Site, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. You undertake to indemnify and keep Blackboard Radio indemnified for any loss, claim, damage, costs (including legal and professional costs) relating to your responsibility or liability or failure including those aforesaid. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.SecurityTransactions on the Website are secure and protected. The user’s credit and debit card information is not received, stored by or retained by the Company in any manner. This information is supplied by the user directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.Our payment partners (being the payment gateways, facilitators and banks) and our fraud detection team constantly monitor your account in order to avoid fraudulent accounts and transactions. We reserve the right to initiate legal proceedings against such persons for fraudulent use of our Application/Website and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such user account(s) and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

‍Electronic Communications
‍When you visit our website or send email(s) to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or SMS. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy all legal requirements.

‍SMS Communication
‍On registering on our Application/Website, you agree that We may use your registered mobile number on the Application/Website to send transaction related SMS to you. You also grant Us permission that We may send you any transaction related SMS irrespective of having DND services activated on your mobile.

‍Refunds
‍In the event you are not satisfied with the services provided by Blackboard Radio, we request you to contact us for the cancellation request within first seven days after making the payment at hello@curieo.com. All purchases and payments made will be final and non-refundable in case the cancellation request is made after the first seven days of payment.All refunds, if eligible, will be processed within 14 (Fourteen) business days of receiving cancellation request.

‍Abuse or Misuse of the Website
‍The user hereby agrees that the user shall neither by itself nor be part of any kind of abuse or misuse of the Application/Website in any manner whatsoever. By availing the English practice sessions or any other services available on the Application/Website, the user agrees that, apart from not sharing any kind of personal information of any kind with the other party, the user shall also ensure that he/she shall not inter-alia share, display, convey, transmit or portray abusive content of any kind in any manner whatsoever. Likewise, in the event the user feels that there is any kind of abusive content or such other information shared / displayed by the other party, the user shall immediately report the same to us at hello@curieo.com. In the event Blackboard Radio has reasons to believe that the user is inter-alia sharing, displaying, conveying, transmitting or portraying abusive content of any kind of the user has been part of such transmission, Blackboard Radio has the absolute right to terminate the account and the services availed by the user without providing any reason whatsoever, apart from other measures that Blackboard Radio may take recourse to. The user hereby also agrees and confirms that Blackboard Radio shall not be responsible or liable, inter-alia, for any act as mentioned above in any manner whatsoever and that the user shall not make any kind of claim against Blackboard Radio or make Blackboard Radio party to any claim he/she is making before any forum in relation to any abuse or misuse of the Application/Website to which the user is a party to or otherwise. The user hereby also agrees and understands that it shall be the sole responsibility of the user to restrict such abuse or misuse of any kind of the Website and the services availed and the user shall ensure that it shall report to Blackboard Radio at the earliest on occurrence of any such event.Similarly, the user hereby also agrees that he/she shall not inter-alia share, display or transmit any copyrighted material which he/she is not permitted to do in the course of the facilities availed of the Application/Website. In the event the user shares, any of the copyrighted materials or any material for which the intellectual property rights vest with Blackboard Radio, with the other party without the prior written consent of Blackboard Radio, the user shall be liable for such actions taken against it by Blackboard Radio and any aggrieved third party for violations of the intellectual property rights of such parties.

‍You Agree and Confirm: That you shall use the services provided by Us, for lawful purposes only and shall comply with all applicable laws and regulations while using the Application/Website and transacting on the Application/Website.That you shall provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found to be false (wholly or partly), we have the right and the sole discretion to reject the registration and debar you from using the services of our Application/Website and / or other affiliated websites without prior intimation whatsoever.That you shall access the services available on this Application/Website and transact at your sole risk and shall use your best and prudent judgment before entering into any transaction through this Website.That neither you nor the tutor shall share their respective personal details including any kind of contact information with each other In the event the user becomes aware of any such information, the user shall intimate Blackboard Radio on the same at the earliest.
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‍You agree and confirm that you shall not use our Application/Website for any of the following purposes:
‍Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.Gaining unauthorized access to other computer systems.Using, displaying, mirroring or framing the Site, or any individual element within the Site or services, Blackboard Radio’s name, any Blackboard Radio trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Blackboard Radio’s express written consent.Interfering with any other person’s use or enjoyment of the Site.Breaching any applicable laws, rules or regulations.Interfering or disrupting networks or web sites connected to the Site.Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the copyright owner.Collecting or storing any personally identifiable information from the Site or services from other users of the Site or services without their express permission.Impersonating or misrepresenting your affiliation with any person or entity.Violating any applicable law or regulation.Encouraging or enabling any other individual to do any of the foregoing.

‍Modification of Terms and Conditions of Service
‍We may at any time modify the Terms of our Website without any prior notification to you. Should you wish to terminate your account due to a modification to the Terms or the Privacy Policy, you may do so email us at hello@curieo.com. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms of this Website.

‍Governing Law and Jurisdiction
‍These Terms shall be construed in accord with the applicable laws of India. The courts at Jaipur shall have exclusive jurisdiction in any proceedings arising out of these Terms.In the event of any dispute or difference either in interpretation or otherwise, of any terms of these Terms of Use, the same shall be referred to a single arbitrator who will be appointed by Blackboard Radio and such Arbitrator’s decision shall be final and binding on you. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended time to time. The arbitration shall be conducted in English language and shall be held in Jaipur.

‍Reviews, Feedback, Submissions
‍All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered on or by our Application/Website, submitted or offered in connection with your use of the Application/Website (collectively, the “Comments”) shall be and remain the Company's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide, perpetual and royalty-free, rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Blackboard Radio shall own exclusively all such rights, titles and interests pertaining to the Comments and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments of use of comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to our Website shall not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and shall not cause injury to any person or entity. You further agree that no Comments submitted by you to our Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, bugs, worms, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.We reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to our Website. You grant us the right to use the name that you submit in connection with any Comments. You undertake not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments that you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

‍Ownership of Rights
‍All intellectual property rights, including copyright, titles and interests in the Application/ Website are owned by or licensed to Us. Any use of the Application/Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You are prohibited from modifying, copying, distributing, transmitting, displaying, printing, publishing, selling, licensing, creating derivative works or using any content available on or through our Application/Website for commercial or public purposes. You may not modify, distribute or re-post something on this Website for any purpose.The Application/Site contains copyrighted material, trademarks, other intellectual property, and proprietary/confidential information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Blackboard Radio protected by copyright as a collective work under the applicable copyright laws. Blackboard Radio owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as copyright or license to use in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download / print / save copyrighted material for your personal use only - where permitted by the Blackboard Radio. Except as otherwise expressly stated under applicable intellectual property law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Blackboard Radio is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on our Application/Website or a website otherwise owned or operated in conjunction with Blackboard Radio shall not be deemed to be in the public domain but rather the exclusive property of Blackboard Radio, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Blackboard Radio, unless otherwise stated.Blackboard Radio does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Application/Website, you warrant that the owner of such material has expressly granted Blackboard Radio the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that end user’s personal use. You hereby grant Blackboard Radio, the right to edit, copy, publish and distribute any material made available on the Application/Website by you.If you come across any abuse or violation of the Terms, please report it to hello@curieo.com.

‍Indemnity and Limitation of Liability
‍You agree to indemnify, defend and hold harmless Blackboard Radio including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms of service. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Application/Website, any claim that your material caused damage to a third party, your violation of the terms of service, or your violation of any rights of another, including any intellectual property rights.In no event shall Blackboard Radio, its officers, directors, employees, partners or suppliers be liable to you, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the Application/Website, or any other products, services or materials that Blackboard Radio offers.The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.This clause shall survive the expiry or termination of these Terms.

‍Termination and Survival of the Terms after the Term ends
‍Blackboard Radio may terminate these Terms at any time. Without limiting the foregoing, Blackboard Radio shall have the right to immediately terminate your password or account or block your IP address, in the event of any conduct by you, which Blackboard Radio, in its sole discretion, considers to be unacceptable, or in breach of these Terms.You may terminate these Terms at any time, provided that you discontinue any further use of our Application/Website.Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a party including but not limited to our right to any Comment will survive the expiration or termination of these Terms.

‍Limitation of Liability and DisclaimersThe Application/Website is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Application/Website.We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Application/Website. This disclaimer does not apply to any product warranty offered by us as specified in the product specifications. This disclaimer constitutes an essential part of these Terms. To the fullest extent permitted under applicable law, we or our partners shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or these Terms. Without prejudice to the generality of the section above, our total liability to you for all liabilities arising out of these Terms, be it in tort or contract or any other legal theory is limited to the value of the product ordered by you. We, our associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, relevance and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Blackboard Radio assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Application/Website; and/or any interruption or errors in the operation of the Application/Website.

‍Prohibited Activities
‍You agree and undertake not to use the website to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that—belongs to another person and to which the user does not have any right;is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;harm minors in any way;infringes any patent, trademark, copyright or other proprietary rights;violates any law for the time being in force;deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;impersonate another person;contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.Any Content and or comment uploaded by you, shall be subject to relevant Indian laws and may be disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of Site, the Company shall have the right to immediately terminate/block your access and usage of Application/Site and the Company shall have the right to immediately remove any non-compliant Content and or comment, uploaded by you and shall further have the right to take recourse to such remedies as would be available to the Company under the applicable laws.

‍Notice of Intellectual Property Right Infringement
‍Blackboard Radio is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through Application/Site, or items advertised on Application/Site, by end users or any other third parties. In the event you have any grievance in relation to any content uploaded on Application/Site, you may contact us at vatsal@curieo.com or write at the following address:
Curieo Private Limited
151, Padmavati Colony -1,
Kings Road, Nirman Nagar,
Jaipur – 302019
Ph: +91 9111444636

We request you to please provide the following information in your complaint:-A physical or electronic signature of a person authorized to act on behalf of the intellectual property rights owner for the purposes of the complaint.Identification of the intellectual property claimed to have been infringed.Identification of the material on our Application/Website that is claimed to be infringing or to be the subject of infringing activity.The address, telephone number or e-mail address of the complaining party.A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the intellectual property right owner, its agent or the law.A statement, under penalty of perjury, that the information in the notice of infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

‍Entire TermsIf any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Unless otherwise specified herein, these Terms and the Website policies constitute the entire agreement between you and Blackboard Radio with respect to our sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to Blackboard Radio. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

‍Grievance Redressal
‍Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via email signed with the electronic signature.
Mr. Vatsal Dusad
CEO,
Curieo Private Limited
vatsal@blackboardradio.com

The Company shall not be responsible for any communication, if addressed, to any non-designated person in this regard.
This disclaimer/terms of service notification is subject to change without notice.
CURIEO PRIVATE LIMITED